S.Balusamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Balusamy ... Petitioner /vs./ The District Collector, Ramanathapuram District, Ramanathapuram.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent i.e., the District Collector, Ramanathapuram, to take immediate action to disburse the encashment of leave salary and Special Provident Fund of the petitioner's contribution within a specified time frame that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam For Respondent : Mr.M.Jeyakumar, Additional Government Pleader.
O R D E R
The petitioner had earlier worked as Head Quarters Deputy Tahsildar, Kadaladi, who was suspended from service on 30.01.2017. In view of the non-payment of encashment of his leave salary and Special Provident Fund of the petitioner's contribution, the present writ petition has been filed.
2.The issue with regard to the disbursement of the encashment of leave salary and special provident fund has already been settled in various decision and the judgment of the Division Bench in W.A.No.207 of 2016 dated 26.02.2016 in the case of TANSIDCO vs P.K.Panchaksharam is one, wherein it was held as follows:- '2.The writ petitioner, who is the respondent herein, filed the writ petition, seeking direction to the appellants herein to disburse his retirement benefits, such as gratuity, special provident fund, encashment of earned leave and unearned leave on private affairs.
1/3
3.The respondent herein working as Electrician in the Electricity Board was to retire on attaining the age of superannuation on 30th June, 2013. However, he was not permitted to do so on account of pendency of the criminal case under the provisions of the Prevention of Corruption Act, 1988.
4.The learned Single Judge, considering all aspects of the matter, held that the petitioner was having earned leave and unearned leave on private affairs before initiation of the case and as such, he is entitled to encashment of earned leave and unearned leave on private affairs. The claim of gratuity was given up by the employee / writ petitioner on the ground that in the event of conviction and dismissal of service, the writ petitioner may not be entitled to get gratuity. The special provident fund was also not granted as the writ petitioner failed to establish any contribution made by him. While disposing of the writ petition, a direction was made to the appellants herein to disburse encashment of earned leave and encashment of unearned leave on private affairs. In respect of special provident fund, it was held that if any contribution was made by the writ petitioner, the same can be paid to the petitioner.
5.We do not find any error, illegality or infirmity in the order sought to be impugned in this writ appeal preferred by the Tamil Nadu Generation and Electricity Distribution Corporation Ltd., warranting interference. Thus, the writ appeal stands dismissed. No costs. Consequently connected miscellaneous petition stands closed.' 3.The aforesaid observations made in the decision are self explanatory. In view of these observations, it can be held that the earned leave salary and the petitioner's contribution towards Special Provident Fund would be deemed to be the petitioner's property, which he would be entitled to receive the same. 4.It is also stated that the petitioner herein had made a representation to the respondent herein on 03.09.2019 seeking for encashment of leave salary and special provident fund. 5.
In the light of the above, there shall be a direction to the respondent to disburse the encashment of leave salary and special provident fund of the petitioner's contribution, by passing appropriate order in his representation dated 03.09.
weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is allowed. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To:- The District Collector, Ramanathapuram District, Ramanathapuram.
+1 CC to M/s.S.VISVALINGAM, Advocate ( SR-2670[F] dated 23/01/2020 ) +1 CC to M/s.SPL GP ( SR-2813[F] dated 24/01/2020 ) 23.01.2020 JMN(07.02.2020) 3P : 4C 3/3